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HomeMy WebLinkAboutTB Minutes 1987-07-13 TOWN OF ITHACA REGULAR BOARD MEETING July 13 , 1987 At a Regular Meeting of the Town Board of the Town of Ithaca , Tompkins County , New York , held at the Town Offices at 126 East Seneca Street , Ithaca , New York , at 5 : 30 P .M . , on the 13th day of July , 1987 , there were : • PRESENT : Noel Desch , Supervisor Henry McPeak , Councilman Shirley Raffensperger , Councilwoman Marc Cramer , Councilman Gloria Howell , Councilwoman Robert Bartholf , Councilman Patricia Leary , Councilwoman ALSO PRESENT : John R . Goss , III , Arts Council Doria Higgins , Citizens to Save Stewart Park Robert Flumerfelt , Town Engineer Robert Parkin , Highway Superintendent Susan Beeners , Town Planner Andrew Frost , Building Inspector/ Zoning Officer Peter Grossman , Town Attorney Representatives of the Media : Fred Yahn , Ithaca Journal Harry Lin , WVBR - FM 93 PLEDGE OF ALLEGIANCE The Supervisor led the assemblage in the Pledge of Allegiance . Supervisor Desch then noted the presence of two visitors , saying that he would start off the meeting by hearing the visitor from the Arts Council , John R . Coss introduced himself as the Director of the Arts Council , noting that he appreciated the opportunity to speak to the Board . Mr . Coss went on to say that he wanted to make the Board aware of a couple of items plus the . items in the folders which he distributed (copy in Town files ) . Lots of people think the Arts Council deals with arts organizations but we also deal with a number of community groups , cultural organizations and that sort of thing . He went on to say that inside of the packet was information • on the Decentralization Program which we want to make people aware Of * The Decentralization Program is a program which the Arts Council operates for the State of New York where we basically regrant , recapture the tax dollars that have been sent to Albany for use by towns and cities , or whatever , in the State of New York . The reason we are bringing this to your attention is that many organizations in the Towns are not tax exempt organizations . For instance , there is a group in Ludlowville , The Ludlowville Historic Survey , they want to preserve the architectural history of the village of Ludlowville . They are not a tax exempt organization , they had to apply through the Town Board of Lansing . He went on to 88Z Town Board 2 July 13 , 1987 say that he wanted to make the Town of Ithaca Board aware of this program in the event anyone came down the pike and would like to apply for Decentralization monies , and were not tax exempt , you would serve them to obtain this tax money . Basically , that ' s what we would like to make you aware of and to answer any questions you might have . In the past five years we have regranted about $ 120 , 000 to organizations in the County . So far this year we have granted about $ 47 , 000 . The schedule for the Decentralization Program for next year begins in September and that is why we want to come around and make you folks aware of it . Supervisor Desch asked , what are , the kinds of things that the money is used for , can you give us a couple of examples ? • Mr . Goss replied , that the Ludlowville example that he already gave was for architectural record preservation . He went on to say that another example was back to school programs to teach children . There are reading prorams , art programs , recreation programs of some sort that deal with artistic or cultural kinds of activities . Decentralization money has also gone to the Dryden Footlighters , a local theater arts organization . You can ' t give them directly to schools but we can give them to Towns for community organizations . It ' s open to suggestions , the object of this game is to get the money out of the metropolitan areas and into the rest of the world . Councilman Cramer asked how much money was available ? Mr . Goss replied , this year we have $ 17 , 000 through this particular program . He noted that no one from the Town of Ithaca has ever applied . Supervisor Desch remarked that he was not aware of any inquiries to the Town of Ithaca Board , Councilman Cramer asked if there were any population requirements ? Mr . Goss replied , no . The only requirements are , that you are not a school and that we don ' t fund a 100 % of whatever it is you propose to do . Also , we can ' t give you more than $3 , 000 . Supervisor Desch thanked Mr . Goss for his presentation . Supervisor Desch noted that there was a request from a person to be heard on the potential request of the Chamber of Commerce for use of certain lands along East Shore . Doria Higgins , 2 Hillcrest Drive read the following statement : " I am Doria Higgins of 2 Hillcrest Drive , Ithaca , New York . I am speaking for myself and also a group which I am associated , Citizens to Save Stewart Park . We think the park is a uniquely beautiful and lovely spot and we have been struggling over a year to save it from being drastically redesigned . • Although the park is owned by the City it is , as you know , a much loved community resource and many of us in the Town of Ithaca use it as well as many from much further away . We hope that this Board will protect and preserve Stewart Park when decisions concerning it appear on your agenda . We think the City of Ithaca has abused public trust by voting endorsement of the "concept " of allowing a private organization -- the Chamber of Commerce -- to use park land for non-park purposes . There is in fact serious question whether the City ' s action in this matter is in accord with state law, and we are pursuing answers to that Town Board 3 July 13 , 1987 question . We think this Board would show a similar disregard for the larger public good if it decided to rezone land immediately adjacent to the park simply to suit the needs of that same private organization , the Chamber of Commerce . As I think you all know, the initial strategy of the Chamber was to obtain zoning variances for size and usage for the Town land they are in the process of acquiring -- the Bowman lot . Recently , however , the Chamber has decided not to pursue that path and instead is , or will be we are told , requesting that the land in question be rezoned . We think such rezoning into commercial use or whatever use the • Chamber operation would fall into , would encroach upon the park destructively . We think the traffic which the Chamber avowedly wants to attract to their offices and their new tourist center on their Town lot , and into their access road and parking lot on their City park land would diminish the peace and tranquility of the park -- characteristics cherished by many . We urge that you help the Chamber find more appropriate housing , housing large enough for them without need of variances or rezoning and housing which will not detract from one of the places which makes Ithaca such a lovely place in which to live and to visit . " Supervisor Desch thanked Ms . Higgins . He went on to say that there was an item on the agenda to consider the possibility of a zoning change for the Bowman lot . The Chamber , however , is not quite ready to come before the Town with any specific proposals so they suggested it would be premature for this Board to consider . They may well go before the Planning Board first . He assured Ms . Higgins that she would be kept apprised of any happenings . REPORT OF TOWN OFFICIALS Supervisor ' s Report City Charter - Fire Commission Supervisor Desch report , as you perhaps know , the State legislature has passed a bill authorizing non-city residents from the Town of Ithaca to be appointed to the Fire Commission . We are awaiting word from the Governor ' s Office as to his approval . Presumably , the City then will proceed to modify their Charter to authorize the selection of two people . He stated that he expected to have a recommendation for Board consideration at the August 10th meeting . Interest has been expressed by about ten people . Councilman McPeak asked if any of the applicants had been firemen or had had experience as volunteer firemen ? Supervisor Desch responded , quite a few about half . Councilman McPeak replied that from the organizations that he belongs to he knows they would like to have people that have had • some experience , either as volunteers or in the fire department . Supervisor Desch replied that the City broke tradition on that with a recent appointment to the Fire Commissioners , Water/Sewer Projects Supervisor Desch went on to say that we have verbal approval of the project from New York State Audit and Control . Written approval will come following the submittal of a list of items , such as proof of posting of notice , etc . Phase I project will be ready to be released for bid on about July 15 . He stated that he will begin Town Board 4 July 13 , 1987 the process of getting proposals for a financial advisor so that as the contract award date approaches we will be ready to borrow the necessary funds . Village of Cayuga Heights Sewage Treatment Plant The Supervisor noted that the Village is considering retaining a consultant to recommend a plan for expansion of the Village plant in response to growth , primarly in Lansing . We will be asked to provide growth projections in the area of the Town , i . e . , Northeast , served by the plant . Costs of the expansion will be shared by all the municipalities contributing flow to the system . Cullen Claim • He noted that someone was supposed to be coming to the meeting to talk about Tan Cullen ' s claim on the water main break . He stated that he had a couple of co mtmments on that but he would wait until the person arrives . Youth Services Supervisor Desch remarked that we have a letter from the City requesting that our annual payment for Youth Services be increased from the current amount of about $ 80 , 000 /year to $ 330 , 000 /year . He stated that he had suggested to the Village of Cayuga Heights that they appoint a representative to join with two persons from the Town to meet with City officials to further discuss the matter . Supervisor Desch asked if anyone in particular would like to serve on this committee ? Councilman Cramer replied that he would be interested in serving on the committee . Town Engineer ' s Report Water and Sewer Extensions Town Engineer Robert Flumerfelt stated that on the water and sewer improvements , we are almost done with the plans and specifications . We expect to have everything ready for bid within the next two weeks . The hydropneumatic booster stations plans have been completed by Resource Engineering so that is ready to go . Hospital Access Road The Town Engineer went on to say that on the Hospital Access Road , we took bids this morning and that is the subject of a later item on the agenda . Bids cam in just about as we expected for that portion of the work we bid and the two low bids were very close together . Cliff Street PLurp Station Town Engineer Flumerfelt went on to say that we had a semi-emergency at the Cliff Street Pump Station last week . There was same vibration and water was beginning to leak at a much faster rate fram one of the pumps due to misalignment . The motor and the pump shaft were out of adjustment range and we had to take the pump motor out and have some repairs done to that and do scmme machining • of the pump base plate in order to have sane roan to make adjustment in the pump . That ' s been done and it seem to be running smoothly . Supervisor Desch asked the Town Engineer if he had any idea of the cost , at this point? Town Engineer Flumerfelt replied that he did not have all of the bills yet , therefore , he had no idea of the range . It was necessary to have three different companies involved in order to Town Board 5 July 13 , 1987 get the motor out another to repair and service the motor and a machine shop to mill off the base of the motor . Councilman Cramer asked how long the Cliff Street station was out of service ? Town Engineer Flumerfelt replied that there are two pumps , the other pump did the job while this pump was repaired . Deerrun Subdivision Town Engineer Flumerfelt remarked that the developers of Deerrun Subdivision have completed most of Stage I work and are moving into Stage IA . Part of the conditions prior to going into Stage IA was • for them to allocate a site for a possible future water storage tank and that has been discussed with them and they have agreed to provide an acre of land in a certain wooded area of their subdivision which allows us flexibility , elevation wise , should we want to put a tank in that area at a future date . Honness Lane Drainage The Town Engineer noted that later on in the agenda is an item on Honness Lane drainage . He stated that he had completed a drainage report and study in response to a petition that was received from the Honness Lane residents in regard to buffer zone , drainage easements , requests in their rear lots , principally on the boarder with Eastwood Caton lots . Danby Road Speed Limit Town Engineer Flumerfelt noted they had also completed compiling some statistis and letter reports for NYSDOT in regard to the Danby Road traffic and speed zones . He went on to say that this information was on its way to DOT in Syracuse . The Town Engineer went on to say that the Cornell Tradition Students have been very helpful in doing same of the housework items that they have needed to let slide in the past several months . They have assisted in map indexing , filing and assisted with the cuter input on our water and sewer projects . They have done the surveying and background work on the Honness Lane-Pine Tree intersections . They are just starting on an inventory and survey of locating of our existing sanitary sewer manholes so that we can uncover those that have been covered over the years by pavement or earth so that we can get them at the proper elevation . Supervisor Desch asked the Town Engineer when he felt he would have a recommendation on the Honness Lane-Pine Tree Road intersection? Town Engineer Flumerfelt replied , you can have that very soon . He stated that he thought it was quite obvious from the survey that had been done what the problems were there . Visibility to the right as you approach Pine Tree from Honness Lane is the major problem , there is a tree and a pole in the way and also a hedge perpendicular to Pine Tree Road a little bit further down the street that could be cut back and this would help also . As you look to the left there is a group of pretty good size mailboxes • which are in the visual range and would help if they were moved back , also . Councilman Cramer noted that the Highway Committee had schedule work in the paving of Kay Street for July 13 , plus or minus . He asked if it was possible to get the drainage survey studies done on Blackstone , Orchard and Roat between now and then so they can move from the one project to the next project ? Town Engineer Flumerfelt replied that the reason this had not been cattpleted was because of the water and sewer project . We have the Town Board 6 July 13 , 1987 field surveying done , its a matter of mapping that area and deciding what drainage improvements have to be made , then planning the drainage improvements to be made . He went on to say that the staff has just been completely tied up with water and sewer work , but we do plan to move into that as soon as we get the water and sewer out to bid , he hoped in a week and a half . Councilwoman Raffensperger asked when will the materials on the Judd Falls Road one-way be available ? Town Engineer Flumerfelt replied again , we have the information , its just a matter of assembling that and analyzing what we have in traffic counts . We can do that as soon as we have the staff time • to analyze that also . He went on to say that he had hoped to have some input that would result from the study by Professor Richardson to augment our information . Councilwoman Raffensperger remarked , the data may be of some assistance to him , also . That is why I wondered when they would be compiled and available . Town Engineer Flumerfelt replied , that can be done quite quickly because we have the data . Highway Superintendent ' s Report Highway Superintendent Robert Parkin stated that he would like to touch on a couple of items on his written report . He went on to say that the fuel tanks , at the Highway Facility , have been tested and all have passed . Now with the new pump heads installed , we are getting very accurate readings . Today was the first day that we started surface treating roads . There is about two miles of roads that will be surface treated . Kay Street paving should start about the 16th . Councilman Cramer asked what is the status of the heating system? Highway Superintendent Parkin responded , we are still in limbo waiting for the contractor to start . Councilman Cramer asked , are we still waiting for them to sign the contract? Town Engineer Flumerfelt responded , the contract has been signed . We are waiting for some shop drawings , but we need to start pushing them . Building Inspector/ Zoning Officer Report Building Inspector/ Zoning Officer Andrew Frost stated that he had put his June report in the Board members mail boxes . He went on to highlight his report noting that he had received seven complaints for the month and that he had investigated 19 complaints during the month . There were two Zoning Board of Appeals meetings in June . The single family permits issued do include developments , so that • out of 39 Building Permits issued for single family residences , some of those were for the Grandview subdivision and Deerrun subdivision . Mr . Frost handed to the Board members a notice which is attached to the Building Permit when issued . He went on to say that one of the nagging problems that he has had is that he has had numerous persons receiving Building Permits and either call and have some inspections done but not a final inspection or they get a building permit and never call for an inspection . He stated that he has been trying to figure out the best approach to take in dealing with � � Town Board 7 July 13 , 1987 this . NYS Building Code requires that when a building permit is issued that inspections are performed for that property and a Certificate of Occupancy issued . He stated that the notice was one attempt to notify people - that inspections are needed . As of the first of the year he stated he had been sending building permits directly to the property owners when often the builder comes in and submits the information , rather than just give him the permit he has been sending it to the owner . He went on to say that he had talked to an attorney with the Codes Bureau in New York State to find out how aggressive we should really be . He stated that he had learned , from his telephone conversation , that this is a common problem . The attorney ' s feeling was that if we make a reasonable attempt in enforcing regulations , that from a legal standpoint that • was adaquate . He stated that he wanted to discuss this with John Barney . He stated that at this point , given the work load that he has , he could not see making telephone calls to a hundred or so people . He stated that he was in the process of preparing a notice to go out to people who are holding a building permit informing them that their permits are due to expire and that we have done some of the inspections or that we have done none and informing them of the regulations . He stated that he did not want to go so far as to inform these people that legal action would be taken because he did not know if the Town wanted to take all of these people to court for not following through . He stated , that with his work load , hopefully the notification that we give people both with the building permit and the notice they will be getting in the near future informing them they have not had an inspection , will be sufficient . Town Planner ' s Report Town Planner Susan Beeners stated that the Planning Board had had two meetings with approvals given to five projects . She went on to say that none of the projects were of a major importance . Ms . Beeners remarked that she did want the Board to know that the Franciamone property on King Road has finally received access , at one of the Planning Board meetings . She noted that four parks people had been hired , four summer youths working in the parks and doing a very good job , also one working in the office . These are from the Sumner Youth Employment Program, we had no Summer Job Training or former =A program to work with this year . The Town Planner went on to say that she had participated in the interviews for the architect for the new fire stations and the fire station renovations . She went on to say that Dave Gilbertsen is continuing to work with the map that you saw at the work session and helping her look at existing and potential development along the East Shore of the lake , also West Hill . In fact all areas of the Town . Ms . Beeners stated that she has had the usual numerous inquiries from some of the small developers who want to know what to do as far as getting something into the Planning Board or the Zoning Board . She stated that she finds that she is called on a lot to just advise on just what variances might be required . She went on to say that she had had three or four quite large and quite serious inquiries from potential developers on South Hill and West • Hill and even East Hill . She stated that she would keep the Board informed if they turn into serious inquiries . Ms . Beeners went on to say that the only things happening recently in the Northeast is another phase of Lucente development which has been approved by the Planning Board for 26 lots . She went on to say that there was still quite a bit of land up there undeveloped . Councilman McPeak asked if that development would have access from Hanshaw Road? Town Board 8 July 13 , 1987 The Town Planner replied , it will still be accessed from Salem and Birchwood north and south . It is about the last phase that can occur with that access . The next phase she was sure , the Board would consider access being brought in from Sapsucker Woods Road . The Town Planner went on to report that she is also working on some giant check lists so that we are able to coordinate the review and a follow up through Planning , Engineering and building inspection . She went on to note that Bill Grey , City Engineer and a summer engineering assistant came to Town Hall . They will be studing the drainage below Spencer Road going to the southwest park area . We have offered to supply them with some of our mapping information in exchange for their assistance in a computer program that they will • be using for drainage analysis . Supervisor Desch asked if Mr . Grey was looking at the railroad interseptor also? Ms . Beener replied , to sane extent . Currently it would not be feasible to carry the entire amount of water but if it can be distributed at several points along the drainage interceptor it could work very well . They are looking at the one that is primarily in the southwest part of the area . COUN'T'Y REPRESENTATIVE ' S REPORT County Representative Beverly Livesay asked if the Board was aware of what was on the agenda for the County Representatives meeting on Tuesday and did they have any questions ? She asked if the Board was aware the County did approve the East Ithaca Study? Things have been a little slow , there is nothing to report on the solid waste matter . Supervisor Desch asked if it had been decided that the County would coordinate the East Ithaca Study? Mrs . Livesay replied , that she wondered about the same thing . She stated that she did see communication from Frank Liguori , may be it was a memo that he sent to the municipalities saying that they too would be signing on for "X" amount of money as decided by the committee . She felt that seeing that communication gave her sane kind of assurance that Mr . Liguori was going to be coordinating the study . She stated that she would follow up to make sure Mr . Liguori was coordinating the activity and including authority for Mr . Richardson to go ahead with the work . RESOLUTION PERTAINING TO CAYUGA HEIGHTS SEWER REFUNDS Supervisor Desch stated that this resolution came about because of a change in two different things . One is the Water Ccnudssions billing policy on water bills and secondly , the Town of Ithaca ' s desire to begin billing for the use of the sewage treatment plant that is coming on line . This will take care of the problem where • you have people who have for one reason or another not read their water meter and , therefore , have accumulated a fairly high estimated water reading that translates into a consumption that yields a farily high sewer billing . It ' s an inflated sewer billing . The idea here is to step back from that and bill the people for traditionally what they have had as a consumption for which sewer is to be charged . This will carry through March of ' 88 to make sure we have not overcharged people up to the point we have an actual meter reading . Town Board 9 July 13 , 1987 Councilman McPeak asked if there was anyway this money could be applied to a future bill? Supervisor Desch replied , no . He stated that he did not like the idea of keeping peoples money when it would probably take almost a year for them to have used the amount of consumption . Councilwoman Raffensperger asked how you could have a greatly inflated sewer bill if it ' s based on actual meter readings ? ,P r� Councilman Cramer responded it ' s not , there is no actual meter reading in the Village unless the property owner actually reads the meter . Historically the problem has been that there are great numbers in the Village who do not read their water meter . Councilwoman Raffensperger replied , the resolution is worded "greatly inflated sewer bill as the result of an actual meter reading" . Supervisor Desch replied , the reason it ' s worded this way is that you don ' t get back to ground zero until you take an actual reading . If you have a meter reading every quarter then it ' s clean , there is no problem . No body is being overcharged and we are not under collecting . But if you have a situation where you spand a period of time that goes back to when we started collecting sewer on the basis of water consumption so if a person did not have a meter reading back in September and December of ' 86 and did not have one in the Spring of ' 87 , all of a sudden they cane along and bang they get another estimated bill before the actual reading and now we are beginning to collect sewer in that area on the basis of consumption , their sewer bill for which they paid partly for in the previous year suddenly has gone from $ 11 . 00 a quarter to $90 . 00 for that quarter . It would have been alright if they had an actual meter reading right on the day when we started collecting on the basis of consumption . RESOLUTION N0 , 135 Motion by Councilman Cramer ; seconded by Councilwoman Howell , WHEREAS , effective with the March 1 , 1987 , Town of Ithaca water billing , Town of Ithaca residents on Village of Cayuga Heights sewer are being billed for sewer on their water bill , and WHEREAS , this sewer billing replaces the annual sewer bill Town reidents on Cayuga Heights sewer received from the Village , and WHEREAS , the amount of the sewer bill is based on water consumption causing some residents to receive an inflated sewer bill when an actual water meter reading is obtained after several quarters of estimated reading , NOW THEREFORE BE IT RESOLVED , that the Town Board of the Town of Ithaca authorizes that in the instance where a Town of Ithaca resident on village of Cayuga Heights sewer received a greatly inflated sewer bill as the result of an actual meter reading being obtained after several quarters of no meter reading that the amount of the sewer bill for the quarter affected be reduced to a minimum sewer bill amount , AND FURTHER BE IT RESOLVED , that this policy would allow one adjustment per property owner and will be in effect through March 31 , 1988 , at which time all customers should have had an actual meter reading and would be up-to-date . Town Board 14 July 13 , 1987 RESOLUTION NO . 139 Motion by Councilman Cramer ; seconded by Councilwoman Raffensperger , RESOLVED , that the Town Board of the Town of Ithaca hereby authorize the following changes in the Personnel Manual as required by the New York State Retirement System : PAGE 3 , PART-TIME EMPLOYEES Last sentence : Health insurance and retirement benefits are not available to part-time employees . • Change to : Health insurance is not available to part-time employees . PAGE 3 , TEMPORARY EMPLOYEES Last sentence : Health insurance and retirement benefits are not available to temporary employees . Change to Health insurance is not available to part-time employees . PAGE 7 , RETIREMENT Insert : Part-time , temporary or provisional employees may join the Retirement System but membership is optional . (Desch , McPeak , Raffensperger , Cramer , Howell and Bartholf voting Aye . Nays - none ) . SET DATE FOR PUBLIC HEARING TO CONSIDER REZONING OF A 1 . 8+1 - ACRE PORTION OF THE FORMER ODD FELLOWS HOME PROPERTY FROM R-30 TO MULTIPLE RESIDENCE DISTRICT Town Planner Susan Beeners stated that this was in regard to the former carriage house which is the southern most building in the old Odd Fellows complex of buildings . William Lower bought it , he will be coming into the Planning Board on 21st , requesting that it be rezoned to Multiple Residence , six to seven apartments . He is willing to put restrictions on those apartments . Because of the time frame , we are trying to get some things rapped up before August comes along . If the Board would set a date for a public hearing sometime after the 21st , this would speed up the process . Councilwoman Raffensperger asked if the Town Board would have a recommendation from the Planning Board and sane material before the public hearing? Town Planner Beeners responded , yes . RESOLUTION NO . 140 • Motion by Supervisor Desch ; seconded by Councilman McPeak , RESOLVED , that the Town Board of the Town of Ithaca will meet and conduct a public hearing at 6 : 30 P . M . , on August 10 , 1987 , to consider the rezoning of a 1 . 8+/- acre portion of the former Odd Fellows Home property from owned by William Lower , fran R-30 to Multiple Residence District . (Desch , McPeak , Raffensperger , Cramer , Howell and Bartholf voting Aye . Nays - none ) . ® LT i 6 Town Board 15 July 13 , 1987 HONNESS LANE DRAINAGE Town Engineer Flumerfelt stated that in early May , the Town received a petition from some residents of Honness Lane that were concerned about the increase in density in their area , living between two ongoing developments and requested that a buffer zone be established in the Eastwood Commons area , which they thought was necessary to preserve the nature of their neighborhood and to provide space for drainage which was becoming a serious problem . He went on to say that subsequent to that he was requested by members of the Board to investigate obtaining an easement for drainage in the rear of the lots of those hones on the north side of Honness Lane . He stated that he has made a drainage study and • report on this . The Town Engineer then presented the following report : EXISTING DRAINAGE CONDITIONS A small drainageway now exists near the lot lines of the houses on the north side of Honness Lane between Wildflower Drive and the bike path on the old railroad bed . A catch basin and culvert on the east side of Wildflower Drive intercepts this drainage and carries it out to Honness Lane . Flow reaches this drainageway via a 13 inch diameter steel culvert under the bike path . Approximately 14 acres of undeveloped land , owned mostly by Cornell University , contribute to the flow through this culvert . The overall land slope is approximately 5 % and the soil is principally Ovid silt loam , a moderately premeable soil . For a 10-year storm, I calculate the maximum runoff from this area to be approximately 10 cubic feet per second . I have calculated the capacity of the 13 inch steel culvert to be approximately 6 cubic feet per second . The old railroad bed (bike path) appears to be able to impound a large volume of water and , thus , is acting like a dike of a stormwater detention structure controlling the maximum runoff rate through the 13 inch culvert . In walking the drainageway , it appeared to me that the existing channel was adequate to carry this flow . If one were to design a trapezoidal channel with a flat bottom and 1 on 1 side slope to carry this flow , it would have to be approximately 1- 1 / 2 feet wide at the bottom and about 1 foot deep . Width at the water surface would be 3-1 / 2 feet . This is quite a small channel , and I believe that the existing channel is at least the equivalent of this carrying capacity everywhere along its route . Also , with proper planning , I do not believe this channel will have to be enlarged in the future . I have observed the soggy backyard conditions occasionally experienced by at least one resident on the north side of Honness Lane . It is my opinion that this condition , rather than resulting from overflowing of the drainage channel banks , results instead from seasonally high groundwater and , perhaps , a spring-like condition . Enlarging or otherwise altering the drainage channel would have no effect on these conditions . FUTURE DRAINAGE CONTROL • In any future subdivision or development of the lands affecting this drainageway , namely the Eastwood Commons Development Co . , lands west of the bike path , and the Cornell University land east of the bike path , the Town has the ability to require the subdivider or developer to provide for safe disposal of stormwater . This may entail improving existing drainageways and culverts and/or controlling rate of runoff from the developed or subdivided area . A common requirement is that the rate of runoff after development be designed and controlled so as not to exceed that calculated to occur in the existing state prior to development . These ZjJT Town Board 16 July 13 , 1987 requirements must be addressed in the review of any future plans affecting this drainage area . RECOMMENDATION REGARDING DRAINAGE EASEMENTS The Town could endeavor to obtain drainage easements along drainage channels . To my knowledge , this has rarely , if ever , been done in the Town of Ithaca . The taking of an easement along a stream or channel would imply that the Town would maintain the drainageway , enlarge it if necessary , build drainage structures , and keep the channel clear to pass stormwaters of all intensities . Were this precedent set , I feel quite certain that in this Town , with its hilly topography and countless drainageways , we would soon be besieged with similar requests . Without constant vigilance to keep • drainageways clear of debris , etc . , in a major storm the claims for damages against the Town could be numerous . The taking of drainage easements is clearly a matter of policy for the Town Board to decide . My own opinion is that adequate control of drainage can be effected through our Subdivision Regulations and review of development plans . I would recommend that this method of control be continued . Councilwoman Raffensperger stated that she would like to discuss this report either now , or at some other time . She went on to say that the culvert , in the past , has required repairs , has washed out , has been accused of causing a lot of difficulty down hill . Town Engineer Flumerfelt stated that he was aware only that earlier this year some trees were cut down at the upper end of the culvert and some debris plugged up the culvert . Councilwoman Raffensperger replied that about three years ago , a fair amount of work was done on that culvert . Supervisor Desch asked if the Town had done this . Is this where we ran the bulldozer? Superintendent Parkin replied no , that was further upstream . Councilwoman Raffensperger replied that she thought Larry (Fabbroni ) was involved . Somebody on Homestead Circle had had a lot of difficulty and was convinced the culvert was causing the problem . She went on to say that one of her concerns was on future drainage control . She went on to say that she had heard the Planning Board , ever since 1968 when Eastwood Commons first went in , describe their concerns about present and future drainage for that area . She stated that she had a little concern , if we have an opportunity now to get from Eastwood Commons some kind of a drainage easement , this would be the time to do it before we go much further . There has been a lot of expressed concern in the past . Town Engineer Flumerfelt stated that where development has not occurred yet on that Eastwood Commons Development Co . , land we have a lever for control of drainage in reviewing future subdivision plans or development plans . He stated that he felt the Town had • the tools to impose drainage requirements that would handle the amount of runoff . Supervisor Desch asked if it was safe to say that this particular part of Eastwood Commons has not been approved in any phase to date nor any proposals received? Town Engineer Flumerfelt replied , that is right . Town Planner Susan Beeners remarked , its not zoned multiple family . Town Board 17 July 13 , 1987 Supervisor Desch questioned , it is not appended to any part rezoned so far , so we have not lost control of this section? Town Engineer Flun-erfelt remarked its a 3 . 84 acre parcel just to the rear of the lots , on the north side of Honness Lane , zoned R-15 at present . Supervisor Desch asked if it was accessible from Wildflower , so its not landlocked? Town Engineer Flumerfelt replied , right . Councilwoman Raffensperger stated that she guessed the concern that she had was that we carefully explain this to the people and that we are not ignoring their concerns about the future . People sometimes think we do not do things ahead of time and then when a subdivision or proposal comes in we do not take into account these long standing problems , as they have described them . Town Engineer Flumerfelt replied that he though this petition was good for that reason , it brought to his attention the fact that this was likely to be problem in the future and one that they can look out for in future developments . PERSONS TO BE HEARD No one in attendance wished to speak . However , Councilman McPeak stated that he would like to report on the meeting with ACC and asked if this would be an appropriate time for him to do so . Councilman McPeak went on to say that he wanted to bring the Board up to date on the cable television discussion . He stated that a number of the Board members went to a discussion a month ago and heard plans from American Community Cablevision for their service area . What they are planning to do is rebuild the system completely . A whole new system using new technology , an increase in the number of channels from 25 to 40 . This is providing of course , that their franchise negotiations go well . What they are prepared to do in case the City and ACC can ' t make a settlement is bypass the City and still supply the Towns and outlining districts with cable service . They are planning on quite extensive renovations , they are talking about ten million dollars . They are talking about a base rate , for the basic channels of $ 6 . 00 . He went on to say that it is not a large change in cost . They are debating what channels to bring in . A number have been proposed , they showed us some of the proposals . It is quite an extensive job and it is a couple of years away from completion . They will put in a whole new system and wouldn ' t deactivate the present system until the new system was operating . CONCURRENCE WITH CITY ON SELECTION OF ARCHITECT FOR TWO FIRE STATIONS AND RENOVATIONS • Supervisor Desch stated that the Joint City/Town Fire Planning Committee interviewed three architects following the receipt of seven or eight proposals . Following that action , the Board of Public Works and Common Council ' s B & A Committee , subject to an increase in design budget , concurred with the selection of Tony Egner as the architect for the two stations . He went on to say that , although we are not legally required to , he felt it would be in the Towns best interest to go on record as supporting the selection of the architect . He stated that the architect agreed to the completion of the work within the schedule , and the budget for the new fire stations . He stated that there are some questions 9LT Town Board 18 July 13 , 1987 about the budget for the renovations of the three existing stations because some of the work is pretty difficult . Mr . Egner is willing to do both projects on a fixed fee basis . It has been a very positive experience . The Supervisor went on to say that Mr . Egner expects to cone back to the committee in mid August with a presentation of schematics that will then be made to the Trustees of Ithaca College on the South Hill station . RESOLUTION NO . 141 Motion by Supervisor Desch ; seconded by Councilman Bartholf , RESOLVED , that the Town Board of the Town of Ithaca hereby concurs • with the selection of Egner and Associates as the architects on behalf of the City and the Town for design of the two new fire stations and the renovations to Station 7 , Station 9 and Central Fire Station . (Desch , McPeak , Raffensperger , Cramer , Howell and Bartholf voting Aye . Nays - none ) . JOINT PLANNING SESSION Supervisor Desch noted a joint planning session had been held . The Board members had received some notes from the meeting . He noted that the members of all three Boards were to give Susan Beeners , Town Planner their suggested changes for the Zoning Ordinance , Town Planner Beeners stated that she welcomed all comments from all of the Boards and that she had files of suggestions from previous Board members . Supervisor Desch went on to say that several people who could not attend suggested that joint meetings should be held more often , perhaps semi-annually . PART-TIME HELP FOR JUSTICE WA� RESOLUTION N0 , 142 Motion by Councilwoman Howell ; seconded by Councilman Bartholf , WHEREAS , Justice Wallenbeck has purchased and installed a computer Program for court records , and WHEREAS , duplicate manual and computer records need to be maintained until approval is given by the State to eliminate manual recordkeeping , and WHEREAS , a great deal of extra time is required for the maintenance of duplicate records , Justice Wallenbeck has requested additional help to update the computer records for the Court , • THER FORE BE IT RESOLVED , that the Town Board of the Town of Ithaca hereby authorize Justice Wallenbeck to employ an individual to assist in the updating of court records during the period of July 14 , 1987 through October 2 , 1987 for a maximum number of 90 hours at $5 . 00/hour , and FURTHER BE IT RESOLVED , that the individual will be employed on a contractual basis , account to be charged General Fund Townwide Justices Contractual A1110 . 405 . � L � Town Board 19 July 13 , 1987 (Desch , McPeak , Raffensperger , Cramer , Howell , and Bartholf voting Aye . Nays - none) , MAGISTRATES REQUIRED TRAINING COURSE RESOLUTION N0 , 143 Motion by Supervisor Desch ; seconded by Councilman Cramer , RESOLVED , that the Town Board of the Town of Ithaca hereby authorize Justice Merton Wallenbeck ' s attendance at a required Magistrate Training Course to be held July 26 , 27 , and 28 , 1987 , at • St . Lawrence University , Canton , New York . (Desch , McPeak , Raffensperger , Cramer , Howell and Bartholf voting Aye . Nays - none ) . TOWN BOARD MINUTES This agenda item will be considered next month . FINANCIAL STATEMENT RESOLUTION N0 , 144 Motion by Councilman Cramer ; seconded by Councilwoman Raffensperger , RESOLVED , that the Town Board of the Town of Ithaca hereby approve the June Financial Report . (Desch , McPeak , Raffensperger , Cramer , Howell and Bartholf voting Aye . Nays - none) , COMMISSION RULES /REGULATIONS Town Highway Superintendent Robert Parkin stated that he was concerned with item b on page 8 , "Hydrant Use - No person shall open , use , draw water from or in any manner interfere with any hydrant in SCLIWC Water System without a permit from SCLIWC and the consent of the municipality involved and without the use of a standard hydrant wrench . This prohibition shall not apply to firemen in the pursuit of their duties . No person shall break , deface , injure , remove or in any manner tamper with any hydrant or any part thereof " . The Highway Superintendent went on to say that the problem he has is that the Highway Department , without permits , has always tapped into the hydrants to get water for plantings , flush culverts and fill our roller when we are hot patching . It isn ' t that we use it a great deal , or use large amount of water . Supervisor Desch replied that the reason this is as hard nosed as • it is in here is because of problems we have had with private individuals just going in an using an adjustable wrench and stripping the threads . He stated that he thought what we would do would be to have the Camission consider issuing a permit in response to a telephone call from a certain individual in the Town , like the Highway Superintendent saying he wished to use the hydrant at the intersection of Kay Street and Hanshaw Road for thus and so period . This way they can monitor what is happening . The other way would be open ended but he stated he was afraid that would defeat the purpose of having this in the Rules/Regulations . G81 Town Board 20 July 13 , 1987 Supervisor Desch went on to say that they were having a lot of discussions as to who will be doing the maintenance of hydrants throughout the system . There is a great variety of ways people want to do it . What ever way it is finally done , that maintenance will be under the supervision of the Commission . He went on to say that he felt the Commission would be pretty strong in not wanting to change that wording . He stated that he would raise the issue of the form of the permit , however , it was left purposely left general . Councilwanan Leary arrived at this point . • Town Attorney Peter Grossman noted that there was more information on the "Use of Hydrants " on page 23 . Councilman Cramer questioned page 37 , "Non-Payment " . when the bills get up to the size and magnitute of some of the bills we see , payment of whole water bills are getting to be a real burden on fixed income property owners . He stated that he felt partial Payments needed to be addressed by the Commission , in greater detail . Supervisor Desch replied that the new computer program has the provision for making partial payments . He stated that he would indicate to the Commission the Boards concern and to see how soon the Commission could come up with a policy on partial payments . Councilman McPeak questioned page 41 , under "Penalties " , the last sentence , " In any event , SCLIWC may enforce compliance with these rules and regulations by cutting off the supply of water" . He went on to say that he questioned this as there have been court cases which resulted from utility companies cutting off peoples utilities . This is a health department concern . He questioned whether you can just shut off a persons water . Supervisor Desch questioned if Councilman McPeak noticed how the Paragraph starts out , " if legislated by a municipality . . . . . " . The Supervisor went on to say that it was really the Board ' s responsibility , all the Commission feels its role is , is to tell the particular municipality that an individual has not paid the . bill or is in violation of the code and , therefore , it places the mechanism for enforcing compliance with the document . It is really up to the municipality , if it ' s just for non.payment of the bill it ' s not that big of a problem because it becomes a lien on the taxes . You do need a provision for the violator , however . Councilman Cramer , noting page 21 , "Reading of Meters " . He went on to say that this question comes up all the time . He stated that he comes back again to the view that the Commission should read the meters on a per month basis or a by monthly basis of property owners within the Commission boundaries . He stated that he violently oppose the individual reading of meters by the property owners . It ' s the same thing that applies to utility companies , gas and electric companies ,, if there wasn ' t some sort of a check and balance on the reading of gas and electric meters by the utlities . It ' s also good public relations where the gas meter reader is the first line of defense , so to speak , for the utility company . He went on to say a water meter reader would be a first line of offense for the Commission . He stated that he really would like to have the Commission look at the broad implications of not reading water meters and what it has done to certain municipalities within the water Commission . He went on to say that he has gotten more telephone calls from Village residents on this issue than any other issue in the past years that he has served on the Board . He stated � L � Town Board 21 July 13 , 1987 that it was paramount that especially with older customers of the Commission , that they are unable to read their water meter and , therefore , would like the water Commission to reinstate , in some degree , may be once a year or semi-annually , the reading of water meters . Supervisor Desch replied , or perhaps when the reading is 25 % higher than the last actual meter reading . Perhaps , at least annually . He stated that this was what he pushed for , but was outvoted . Councilman McPeak asked if the Commission had saved any money on this ? Supervisor Desch replied , probably saved one position . He went on to say that he agreed with Councilman Cramer , the presence of a meter reader is a benefit as well . RESOLUTION N0 , 145 Motion by Councilman McPeak ; seconded by Councilwoman Raffensperger , RESOLVED , that the Town Board of the Town of Ithaca hereby approves the Rules and Regulations of the Southern Cayuga Lake Intermunicipal Water Commission governing the use and supply of water , as revised April 1987 . (Desch , MCPeak , Raffensperger , Cramer , Howell , Bartholf and Leary voting Aye . Nays - none) . AWARD OF BID ON HOSPITAL ACCESS ROAD Town Engineer Robert Flumerfelt stated that bids were opened this morning at 11 : 00 A . M . We received six bids , with two low bids in the amount of close to $ 107 , 000 . 00 and were within $ 11 . 00 of one another . It ' s complicated a bit by our taking a bid on an optional work item , which was the placement of base material . The theory was that if we got a very good price on it we might want to have the contractor do that part of the work also . What we did was take bids on the excavation of the roadway and placement of the gravel , sub base material and the installation of drainage pipe with the plan that the County and Town would cooperatively build the rest of the roadway . The low bidder in the total amount was $ 11 . 00 lower than the second bidder but if we do not do the optional work , then the second bidder is low in the base bid , which is the sum of the two amounts . Councilman Cramer asked , if the option in item two was advertised in the paper as a current part of the bid? Town Engineer Flumerfelt replied , yes . Councilman Cramer asked why were they separated on the bid sheet ? • Town Engineer Flumerfelt replied , it was in the bid proposal as just another proposed item . Supervisor Desch stated that the question we now have , with the different pieces of funding , we have the Professional Building , the Hospital , the County , do we have enough to do the whole project without the Town having to put in money . He stated he had hoped to be able to recamend an award but that he felt the first step was to have a meeting with the County and the Hospital people and then cone back to the Board with a recommendation . He went on to say that it may mean a brief special meeting at noon , later this month . Town Board 22 July 13 , 1987 He stated that it looked like the County and Hospital would need to come in with some additional money . He went on to say that the County was planned on doing the paving , so we need to determine what that will cost . Supervisor Desch remarked , these look like good prices . TOM CULLEN CLAIM Supervisor Desch remarked that he hoped all had seen the letter that was circulated . He then went on to say that as the Board knows , the insurance company turned down the Cullen claim . He stated that what he would like to do , for several reasons , was appoint a committee consisting of Councilman McPeak and Councilman Bartholf , chaired by Councilman McPeak . He went on to say that the reason for appointing a committee was to have some one other than a Commission member be a devils advocate on the specifics of our response . David Banfield , insurance agent for Mr . Cullen arrived at this time , and Supervisor Desch informed him that he had just appointed a committee to look at the situation , on site , talk with all the people involved and look at the damage and the response , then make a recommendation to the Board . Mr . Banfield expressed his appreciation to the Board . TOWN OF ITHACA WARRANTS RESOLUTION N0 , 146 Motion by Councilman McPeak ; seconded by Councilman Bartholf , RESOLVED , THAT THE Town Board of the Town of Ithaca hereby approves the Town of Ithaca Warrants dated July 13 , 1987 , in the following accounts . General Fund - Town Wide . . . . . . . . . . . . . . . . . . . . . . . . . $ 50 , 794 . 63 General Fund - Outside Village . . . . . . . . . . . . . . . . . . . $ 22 , 739 . 32 Highway Fund . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 39 , 829 . 41 Water & Sewer Fund . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 373 , 895 . 67 Fire Protection Fund . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 233 , 942 . 54 Lighting District Fund . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 387 . 84 (Desch , McPeak , Raffensperger , Howell , Bartholf and Leary voting Aye . Nays - none . Abstaining - Cramer) . BOLTON POINT WARRANTS RESOLUTION N0 , 147 Motion by Supervisor Desch ; seconded by Councilman Cramer , RESOLVED , that the Bolton Point Warrants dated July 13 , 1987 , in the Operating Account are hereby approved , in the amount of $ 79 , 694 . 95 after review and upon the recommendation of the Southern Cayuga Lake Intermunicipal Water Commission , they are in order for payment . (Desch , McPeak , Raffensperger , Cramer , Howell , Bartholf , and Leary voting Aye . Nays - none ) . REFUND OF BENEFIT UNITS Town Board 23 July 13 , 1987 RESOLUTION N0 , 148 Motion by Councilwoman Raffensperger ; seconded by Councilman McPeak , WHEREAS , William L . Baldini , Martje J . Baldini and David G . Huckle owners of the property at 243 Coddington Road were charged 2 units of water and 2 units of sewer on their 1987 Town and County Taxes , and WHEREAS , the property is a single family dwelling with no separate apartment and with only 90 ' of road frontage , and WHEREAS , the 1987 Town and County Taxes on this property were paid January 23 , 1987 , NOW THEREFORE BE IT RESOLVED , that the Town Board of the Town of Ithaca hereby authorize a refund of 1 unit of water at $54 . 00 and 1 unit of sewer at $ 62 . 00 , total refund of $ 116 . 00 be made to William L . Baldini , Martje J . Baldini and David G . Huckle , mailing address of 29 Highgate Circle , Ithaca , New York . (Desch , McPeak , Raffensperger , Cramer , Howell , Bartholf and Leary voting Aye . Nays - none) . CODDINGTON ROAD COMMUNITY CENTER The following letter from Anne Morrisette of the Coddington Road Community Center , dated June 30 , 1987 , was presented to the Town Board : Plans are being completed for our third Sumner Program for area children at the Coddington Road Comunity Center . We will be hiring a new director and assistant for this year ' s program . The program will consist of two , two week sessions running August 10th through September 4th , and will acconodate up to 18 children , ages 3 to 11 . Admission is on a first cone , first serve basis . The hours will be 9 : 00 a . m . to 12 : 00 noon , Monday through Friday . Snacks will be provided by the parents . The program will be announced through the media . As with last year ' s program, there will be no regulation by the Health Department since the program is so small . However , if required we will send them a brief description of the program . Adequate insurance coverage has been arranged . A daily schedule will be worked out so that the Day Care and Sumner Program can run independently , but we did find that last year if it rained (which it did several times ) , having both groups in the building did present a space problem . Success of past programs has been enhanced by a tent type enclosure which was somewhat effective during light rain , however , we feel that future success and program expansion would be greatly enhanced by a more permanent and stable structure such as a pavilion . The program itself will include arts and crafts , music , recreation , and a swim trip to Buttermilk Falls for each session . There will be no fee charged for the program, however donations will be accepted . Our budget for the program is as follows : Salary : Director . . . . . . . . . . . . . . . . . . . . . $ 400 ( 20 hrs x $ 5 x 4wks ) ( includes planning and set up) Salary : Assistant . . . . . . . . . . . . . . . . . . . . $ 240 ( 15 hrs x $ 4 x 4wks ) � QO Town Board 24 July 13 , 1987 Total Salaries . . . . . . . . . . . . . . . . . . . . . . . $ 640 looFringe . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 64 Insurance . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 30 Supplies . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 75 Equipment (balls ) . . . . . . . . . . . . . . . . . . . . $ 35 Total . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 844 Attached please note materials fran last year ' s program , including attendance and program activities . We are confident that this year ' s program will be equally successful . " RESOLUTION N0 , 149 SMotion by Councilman Cramer ; seconded by Councilwoman Raffensperger , RESOLVED , that the Town Board of the Town of Ithaca hereby authorize the expenditure of $ 844 . 00 for two , two weeks session for the Summer Program , for area children , at the Coddington Road Ccmmmity Center . (Desch , McPeak , Raffensperger , Cramer , Howell , Bartholf and Leary voting Aye . Nays - none ) . Councilman Bartholf remarked , on the hospital access , Indian Creek Road is being used a lot more by Tantran busses and delivery trucks . He stated that perhaps the road would need some work later because of the heavy usage . Supervisor Desch replied that he had intended to ask Beverly Livesay , before she left , about the status of the Dubois Road relocation . He asked Councilman Bartholf if he knew anything about it ? Councilman Bartholf replied they have placed survey flag up there . Town Engineer Flumerfelt stated that he had received a set of construction plans but he did not know exactly what the schedule was . ADJOURNMENT The meeting was duly adjourned , erk i